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Patna High Court

Chandan Kumar @ DeepakversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is granted to the petitioner subject to the conditions stipulated under Section 480(3) of the B.N.S.S. and the court’s attendance requirements.

Summary

Chandan Kumar was implicated in a robbery case (Section 392 IPC) where two assailants, at gun‑point, allegedly snatched Rs 64,470. The petitioner contended that he was falsely implicated, not named in the FIR, that no incriminating material or identification parade was conducted, and that the chargesheet lacked substantive evidence. The State argued that the petitioner is a habitual offender involved in several similar cases. Considering the framing of charge, the petitioner’s prolonged custody since December 2023, and the absence of material linking him to the offence, the court granted bail on a bond of Rs 10,000 with two sureties, subject to conditions under Section 480(3) of the B.N.S.S. and attendance requirements. The order releases the petitioner from custody pending trial.

Issues considered

  • Whether bail should be granted in a robbery case under Section 392 IPC given the nature of the offence and the evidence on record.
  • Whether the petitioner’s alleged false implication, lack of inclusion in the FIR, and absence of an identification parade justify granting bail.
  • Whether the petitioner’s prior criminal history and alleged habitual nature preclude the grant of bail.

Legislation cited

Subjects

  • bail
  • robbery
  • Section 392 IPC
  • identification parade
  • chargesheet
  • habitual offender
  • sureties
  • Bihar High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6637 of 2026
                   Arising Out of PS. Case No.-360 Year-2023 Thana- BIBHUTIPUR District- Samastipur
                 ======================================================
                 Chandan Kumar @ Deepak S/o Ram Dayal Singh, R/o Village - Basadiya, P.S
                 - Dalsinghsarai, District - Samastipur, Pin - 848101.
                                                                              ... ... Petitioner
                                                      Versus
                 The State of Bihar
                                                                       ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Piyush Kumar Pandey, Advocate
                 For the Opposite Party/s :       Mr. Sanjay Kumar Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   04-02-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                   2. In the present case, the petitioner seeks bail in

                   connection with Bibhutipur P.S. Case No. 360 of 2023 dated

                   09.09.2023, registered for the offence punishable under Section

                   392 of the Indian Penal Code.

                                   3. As per the prosecution case, two miscreants

                   riding a motorcycle, at gun-point, snatched Rs. 64,470/- from

                   the informant. The name of the petitioner transpired in this case

                   during investigation for being involved in the said occurrence.

                                   4. Learned counsel appearing on behalf of the

                   petitioner submits that petitioner has falsely been implicated in

                   the present case and he is not named in the FIR. Nothing

                   incriminating has been recovered from person or possession of

                   this petitioner. The petitioner has been named in this case on the
Patna High Court CR. MISC. No.6637 of 2026(2) dt.04-02-2026
                                            2/3




          basis of his confessional statement in some other case. The

          petitioner has not been put to any test identification parade. The

          chargesheet has been submitted without any substantive

          material. Learned counsel next submits that petitioner has been

          made accused in altogether seven cases in which he is on bail in

          four cases. Learned counsel further submits that all these cases

          have been registered in the year 2023 itself and it shows the

          high-handedness of the police. Learned counsel lastly submits

          that petitioner is in custody since 12.12.2023 and charges have

          been framed.

                          5. Learned A.P.P. appearing on behalf of the State

          opposes the submissions made on behalf of the petitioner and

          submits that petitioner appears to be a habitual offender and is

          accused in a number of similar type of cases.

                          6. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the

          framing of charge against the petitioner and his period of

          custody, the petitioner, above-named, is directed to be released

          on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten

          Thousand Only) with two sureties of the like amount each to the

          satisfaction of learned Sub-Divisional Judicial Magistrate,

          Rosera, Samastipur / concerned Court, in connection with
          Patna High Court CR. MISC. No.6637 of 2026(2) dt.04-02-2026
                                                      3/3




                    Bibhutipur P.S. Case No. 360 of 2023, subject to the condition

                    laid down under Section 480(3) of the B.N.S.S. and other

                    following conditions:

                                    (i) One of the bailors will be a close relative of the

                    petitioner.

                                    (ii) The petitioner will remain present on each and

                    every date fixed by the court below, if so required by the learned

                    trial Court.

                                    (iii) In case of absence on three consecutive dates

                    or in violation of the terms of the bail, the bail bond of the

                    petitioner will be liable to be cancelled by the Court concerned.



                                                                   (Arun Kumar Jha, J)

Shahnawaz/-

U     T


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